ARIZONA STATE SENATE
Phoenix, Arizona
fingerprint checks and
clearance cards
Purpose
Standardizes background
checks for employees who receive fingerprint clearance cards with the
background checks that are required for people working with vulnerable adult
populations and makes changes to the list of crimes that eliminate eligibility
for fingerprint clearance cards.
Background
In 1998 the Legislature
standardized the fingerprinting procedures for five state agencies into a
single process administered by the Department of Public Safety (DPS). The law created a Division of Fingerprinting
within DPS to process fingerprints and to determine if applicants were eligible
for class 1 or class 2 fingerprint clearance cards.
A class 1 card allows a
person to have direct contact with all participating agency client populations,
including children and developmentally disabled clients. A class 2 card permits a person to work with
children, but not with the developmentally disabled. The issuance of class 1 or class 2 cards is dependent upon a
person’s criminal history and requires a subsequent background check every
three years. The idea behind the
measure was to centralize the collection of fingerprints and only require one
set of fingerprints from a potential employee.
Despite the intention to
consolidate fingerprinting requirements and minimize the need for submission of
multiple sets of fingerprints, some applicants still must gain clearance
through two different levels of screening.
Applicants who want to work with vulnerable adult populations must
receive a “letter of clearance” for some types of employment, yet still require
a fingerprint clearance card for other positions. S.B. 1281 incorporates the proscribed crimes against vulnerable
adults into the class 1 and class 2 clearance process and eliminates the need
for letters of clearance.
The fiscal impact of this
bill is unknown at this time.
Provisions
1. Establishes that people who must currently undergo fingerprinting and criminal records checks and receive a letter of clearance to work with vulnerable adults will instead be required to receive a fingerprint clearance card.
2. Makes changes to the crimes that eliminate eligibility for fingerprint clearance cards, including the addition of the crimes of abuse of a vulnerable adult, neglect of a vulnerable adult, and sexual abuse of a vulnerable adult.
3. Makes clarifying, technical and conforming changes.
4. Provides for a general effective date.
Amendments Adopted by Committee
1. Clarifies the clearance requirements necessary for people working in residential care institutions, nursing care institutions, home health agencies, and child care facilities.
2. Removes some crimes from the list of crimes that prohibit receipt of a class 1 or class 2 clearance card, including the crimes of issuing a bad check and dropping objects from an overpass.
3. Makes conforming changes
Senate Action
JUD 2/6/01 DPA 8-0-0-0
Prepared by Senate Staff
February 12, 2001